Skip to main content
Robert M. Gardner Jr.

Robert Gardner’s Answers

3,127 total


  • What is the next step when your homeowners association file a suit? I was served by the sheriff and have 30days to respond.

    I need help regarding my homeowners association is suing me. I was served by sheriff. Can't afford to retain attorney. I'm making monthly payments. I just need a lawyer to assist so I wont go to court. I truly believe they will accept my payment ...

    Robert’s Answer

    The association will receive an automatic judgment against you and there will be no court date unless you file a written answer with the Court within 30 days of being served by the Sheriff. Therefore, you need to do that first. After that, you can call the attorneys for the HOA and work on a settlement before any scheduled court date. Note they they will likely agree to a payment arrangement, but will add their fees to the total balance you will have to pay, so just be aware of that as well.

    See question 
  • What steps do I need to take to get my furniture back?

    My mother gave me a set of furniture and a friend of mine at the time told me I could store it in her basement. The friendship has since ended and I have requested to get my furniture back and she is now saying it's hers, that I gave it to her. My...

    Robert’s Answer

    You may have to sue her for the conversion of the property in Superior Court, which is the only court with the jurisdiction to order this type of relief. You could probably send her a well detailed letter in legal form, preferably from a lawyer, to see if you can shake things loose before suing, as that will require a lawyer's assistance.

    See question 
  • How can a Atlanta, Georgia business break a 5 year lease with least amount of adverse consequences?

    A lease was signed for a space in a shopping center with understanding there would be foot traffic due to new occupants scheduled to rent and renovate adjoining space, plus the expectation that other new businesses would be opening soon . Shopping...

    Robert’s Answer

    Regardless of what was promised, the written terms are what rule in cases like this, and most of these leases are not written in favor of the tenant. If the promises were not included in the lease, you would have to establish them in some other way were the landlord to sue you. That would be difficult, and would have to be brought as some kind of counterclaim, but it will be tough to prove. Look the contract over with an attorney to see if there are any other options, such as sub-leasing, etc.

    See question 
  • Who do I sue in small claims?

    Very complicated, I'll give very brief overview. I was renting out my home through Property management company. After renters signed second year renewal, renters started paying very late. Every time I called property management they said they woul...

    Robert’s Answer

    You could possibly sue both, although whether you would want to do that and whether magistrate court (small claims) is the place to do that depends on the terms of your contract, whether or not the tenants are even worth suing, the amount you are seeking (magistrate is limited to $15,000), and whether or not you are a corporation or not. Sit down with an attorney and get some specific advice based on the contract terms and the facts.

    See question 
  • Etgtest

    Been on probation for 7 months had no problems no failed test all dui stuff done except for the alcohol classes. She test me Wednesday, I had 2 icehouse on Tuesday afternoon will i fail and if so what are the options of my probation officer

    Robert’s Answer

    Check out my response to your previous question. Given that you are 7 months into your probation, look into trying to pay it off and ask whether you can go on non-reporting probation.

    See question 
  • Making payments on a vehicle and they went out of business. No notice no letter nothing. How do i pay and where?

    I have been making payments for over a year went to make a payment and the buy here pay here car lot has closed down never received a note letter anything from them saying that they were closing I want to make my payment but I don't know who to ma...

    Robert’s Answer

    In addition to what Mr. Ashman suggested, you could also check with the city of county business license office to see if there is additional contact information from the owner of the business.

    See question 
  • How is the default judgement hearing process?

    If you're civil lawsuit is in a default judgement due to no answer from the defendant.does the plaintiff win the case at the hearing? Does plaintiff needs to prove their case?what is the process at the hearing?

    Robert’s Answer

    A default judgment means everything in the complaint is admitted. Therefore, if you asked for a certain dollar amount, the Judge will give you a judgment for that. If you did not specify a dollar amount, then you should be prepared to prove that amount so that the Judge can make a determination as to the amount of the judgment.

    See question 
  • What recourse might I have if I am approved for an apartment but then denied because of a credit report later?

    Hello, I was recently approved by property management to lease an apartment and received the welcome letter stating so. I had already paid my security deposit and applicable fees as well. A day after the letter was issued, I was notified by pr...

    Robert’s Answer

    If you have already signed a lease, you can hold them to it. If you have not, get your deposit back and move on. In the meantime, pull your credit to see what it is that is causing you problems and work on getting that fixed.

    See question 
  • I have been on probation for seven months and I got a gtc test

    I have passed 2 other drug and alcohol test got all my dui stuff done except my alcohol classes. In Tues I drank 2 25 Oz icehouse at 6pm wed at 530 she gave me the test will it show up and if so will she arrest me thanks benjy payne

    Robert’s Answer

    While it is doubtful that alcohol will still be detected 24 hours later, you need to refrain from admitting things like this on the internet and putting your name on it. Also, even if you test positive, you should not admit that you have been drinking, because it is the admission they can use against you most. If they call you to come in at a time or date different from the time or date you usually go in, then that is a clue that you failed a test and that they want you to come to them so that they can arrest you. Hire an attorney before you go in so that you can have everything handled before hand and prevent the revocation of your probation

    See question 
  • Can I prevent a civil judgement from affecting my credit score/ report and if so, how?

    I was just sued in court in Georgia because I damaged somebody's car. I disputed the original amount, hence why it went to court and ultimately I was still sued, albeit for a lesser amount. I have basically perfect credit and I do not want this ju...

    Robert’s Answer

    I believe you are confusing a judgment with a lawsuit. A defendant has 30 days from the date they are served to answer the lawsuit. If no answer is filed, a judgment can be issued and that is what affects your credit. Get in touch with your insurance company to see if they are going to defend you. Regardless, you should meet with your own attorney to make sure that an answer is filed on your behalf. If the case is then settled, no judgment will ever be issued. Even if a jury hears the case and the amount they award is paid, not judgment is entered. Therefore, you should make sure there is an answer first, then deal with the rest.

    See question